Your input will be greatly appreciated:

Defendant is issued a speeding ticket on August 24, 2004 and set to appear in Justice Court on September 13, 2004. He does not appear and an FTA is filed.

Subsequently, he is arrested and re-set for court on August 26, 2011, pleads no contest and files notice of appeal. On August 30, 2011 a complaint is filed and the case is appealed to the County Court at Law.

Since there was no complaint filed within 2 years of the commission of the offense, is filing in the County Court at Law not now barred by SOL?

Does the County at Law have jurisdiction even though no complaint was filed within the 2 years due to the fact that it is an appeal?

An interesting scenario. On its face, art. 12.02 would appear to control. But, this is an appeal, and the initial proceedings were timely begun. Maybe an argument can be crafted that 12.02 applies only to misdemeanors in which an indictment or information initiates the proceedings and has no application to appeals from muni court?

You might also want to analogize to art. 12.05(b), which indicates that properly initiated proceedings toll the SOL.

Two unpublished cases that might provide some ideas:

Larry v. S., No. 01-95-00783-CR, 1997 Tex. App. LEXIS 6639 (1/97)

Pearce v. S., No. 05-92-01063-CR, 1997 Tex. App. LEXIS 2287 (5/97)

[This message was edited by John A. Stride on 09-30-11 at .]

Take a look at Art. 27.14 (d). The ticket itself serves as the charging instrument unless the person pleads not guilty. Only then must a formal complaint be filed. If they plead guilty and appeal then they actually waive a formal complaint altogether. Once the de novo appeal process begins you still only have to prepare a formal complaint prior to actually going to trial.

Take a look at:
822 S.W.2d 807

There is actually an unpublished case where the de novo appeal went to trial without a formal complaint ever being filed and it was upheld.

2003_WL_22053748

If the defendant pleads "not guilty" to the offense or fails to appear based on the written notice, a complaint shall be filed . . . Art. 27.14.

I think the FTA triggers a complaint. Don't they waive complaint defects by failing to raise an objection?